2025 Supreme(Online)(Kar) 18873
KARNATAKA HIGH COURT
S.R.KRISHNA KUMAR, J
SRI DEVARAJ – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
CRIMINAL PETITION NO.9621 OF 2025
For the Appellants/Petitioners: SRI. NANJUNDA GOWDA M R.
For the Respondents: SRI.CHANNAPPA ERAPPA, HCGP, SRI. B.N. JAGADEESHA, ADDL.SPP
Court permitted the petitioner in custody to execute a sale deed under judicial escort, respecting rights while ensuring custody regulations.
Headnote:(A) Criminal Procedure Code, 1973 - Sections 482 and 439 - Quashing of district court order - Petitioner seeks to quash the order by the IX Addl. District Judge and permission to execute the Sale Deed while in judicial custody - Court directs jail authorities to escort petitioner for sale deed execution as per his request and at his cost - Preliminary relief is granted for limited purpose based on the judicial precedent set in previous cases. (Paras 1-7)
(B) Judicial Custody - Court acknowledges the rights of a petitioner in custody to manage property - The need for judicial balancing in allowing property transactions while ensuring regulations of custody are maintained.
| Table of Content |
|---|
| 1. petitioner seeks permission to execute sale deed. (Para 1 , 3) |
| 2. court discusses property management rights for individuals in custody. (Para 2) |
| 3. directions issued for prisoner escort to facilitate legal obligations. (Para 4 , 5) |
| 4. order disposing the petition with directions for execution of sale deed. (Para 6) |
ORAL ORDER
In this petition, the petitioner seeks the following reliefs:
“i) Quash the Order dated 19.06.2025 passed by the IX Addl. District and Sessions Judge, Bengaluru Rural District, Bengaluru.
ii) Also directing the Sub-Registrar, Shivajinagar or his staff to go to Central Jail, Parappana Agrahara on 10.07.2025 оr on 11.05.2025 and enable the Petitioner to execute the Sale Deed in respect of the property which is in joint ownership of Petitioner, Petitioner’s mother Yashodamma and Petitioner’s brother Bharath in Sy.No.15/6, to an extent of 7 guntas, situated at Gunjur, Varthur Hobli, Bengaluru East Taluk, in favour of M/s Akarsha Reality Pvt. Ltd.," the company incorporated under Companies Act, 1956, having its office at No.2/4, Langford Gardens, Richmond Town, Bengaluru-560025 represented by its Directors B.M.Karunesh, PAN No.AAHCA3322M.
iii) Pass any other order/s as deems fit in the facts and circumstances of the case in the interest of justice.”
2. Heard learned counsel for the petitioner and learned HCGP and learned Addl. SPP for the respondents and perused the material on record.
3. In addition to reiterating the various contentions urged in the petition and referring to the material on record, learned counsel for the petitioner submits that the petitioner is under trial and presently in judicial custody in Central Jail, Parappana Agrahara and he intends to register / execute the Sale Deed before the Sub-Registrar, Shivajinagar and for this purpose it is necessary that the petitioner be escorted from Parappana Agrahara jail to the office of the Sub-Registrar, Shivajinagar by the jail authorities so as to enable him to execute and register the said document. In support of his submission, he places reliance upon the judgment of the Co-ordinate Bench of this Court in N.G.Girish Vs. State of Karnataka – Crl.P.No.10722/2022 dated 06.01.2023 .
“Learned High Court Government Pleader accepts notice for the respondent State.
2. This petition is filed by the petitioner-accused under Section 439 of Cr.P.C., for granting regular bail in Crime No.77/2020 registered by Dobbespet Police Station, Bengaluru, pending on the file of IX Additional District and Sessions Judge, Bengaluru Rural, Bengaluru in S.C.No.175/2021, for the offences punishable under Sections 302, 201 of 1PC.
3. Heard the arguments of learned counsel for the petitioner and learned High Court Government Pleader for the respondent-State.
4. Having heard the arguments of learned counsel and on perusal of the records, which reveals, this Court has already rejected the bail petition of this petitioner on merits by detailed order. However, the learned counsel for the petitioner submits that the petitioner is required to repay the loan amount to the Janatha Credit Co-operative Society Limited and the petitioner and his family members is having ancestral property in his village. Now, the family members have decided to sell the property, so as to clear the loan amount. Hence, in order to execute sale deed in favour of the petitioner, it is very much necessary to send the petitioner for one day with escorts at his own cost. Therefore, the learned counsel for the petitioner prayed to direct the Jail Authorities to take the petitioner for one day to the Sub- Registrar Office at Koratagere, Koratagere Taluk with proper escort at his own cost and to bring him back to the prison for the purpose of executing the sale deed in favour of the third parties.
5. Considering the facts and circumstances of the case, though the petitioner has sought for granting bail, but he has restricted his relief for giving escort for taking him to the Koratagere for execution of t